The Criminal Legal Aid (Scotland) (Fees) Regulations 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the fees and outlays of solicitors, and the fees of counsel, which an auditor of court may allow in taxing an account of fees and outlays claimed from the Scottish Legal Aid Fund in respect of legal aid in criminal proceedings in any court in Scotland. The Regulations apply only to proceedings concluded on or after 31st August 1989 (regulation 3).

The fees and outlays previously allowable for legal aid in criminal proceedings under the Legal Aid (Scotland) Act 1986 were prescribed in the Criminal Legal Aid (Scotland) (Fees) Regulations 1987 (S.I. 1987/365) (the 1987 Regulations), as amended. As regards solicitors' fees and outlays, regulations 4 to 9 consolidate with some drafting amendments the provisions of regulations 4 to 12 of the 1987 Regulations, as amended. The rates of fees in regulations 5 to 7 and Schedule 1 have been increased by around 9% and some descriptions of work within a number of fees in the Schedule have been rationalised, where possible, with the descriptions which apply to the same work when done under the other legal aid schemes. In addition these Regulations differ from the 1987 Regulations, as amended, by not prescribing—

(a) Maximum fees for solicitors conducting—

(i) any proceedings where a nominated solicitor represented 2 or more persons charged in the same indictment or complaint or appealing against conviction or sentence;

(ii) summary proceedings in the sheriff or district courts;

(iii) solemn proceedings in the sheriff court or High Court; (iv) appeals; and,

(b) the circumstances in which the maxima in (i) to (iv) above could be waived and/or a percentage addition added to a solicitor’s account where the maxima had been waived.

Regulation 7(2) contains provision, similar to that in the Civil Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 1988 (S.I. 1988/1107), governing the fees payable, where a solicitor chooses to conduct proceedings outwith the court or town in which he has a place of business. In those circumstances account shall be taken of travelling time to and from court even if it would have been more economical to use a local solicitor, provided it was in the interest of the client that the non-local solicitor should attend personally.

Regulation 10 repeats the provisions of the 1987 Regulations dealing with fees allowable to counsel and provides for counsel to be paid such fee as appears to the auditor to represent reasonable remuneration for work actually and reasonably done, due regard being had to economy, while allowing counsel to add VAT to their fees where appropriate.

Schedule 2 of these Regulations reproduces Schedule 2 of the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 1989 (S.I. 1989/388) which uprated the fees of counsel from 1st April 1989.

Regulation 11 provides for taxation of fees and outlays by auditors of court. The provisions are the same as previously prescribed by the 1987 Regulations. Regulation 12 revokes the 1987 Regulations and subsequent amending instruments subject to their continuation in effect for proceedings completed prior to the effective date of these Regulations (31st August 1989).